Is There A Proper Procedure For Drawing Blood In A Cincinnati DUI Prosecution?

The Ohio Administrative Code regulates the procedure that has to be followed when blood is drawn in  DUI/OVI prosecution.  There is no separate Cincinnati DUI law that controls, only state law.  There are several steps to the process, the main ones will be covered here.

First, the blood may only be drawn by a person with the proper qualifications.  Authorized personnel include phlebotomists, nurses, and doctors.

Second, the blood must be drawn using a dry sterile needle.  Typically the blood kits used by law enforcement include a needle in them.  However, there is no requirement where the needle must come from, only that it be a dry, sterile needle.

Third, the injection site must be cleaned with a non-alcohol based, non-volatile antiseptic.  Is is very common for hospitals to use isopropyl alcohol or ChloraPrep to clean an injection site.  Neither of these are acceptable.  Obviously, isoprpyl alcohol contains alcohol, but so does the CholraPrep – in fact it contains 70% alcohol.  ChloraPrep is a common antiseptic used in hospitals.  It contains a long lasting anti-microbial (Chlorhexidine Gluconate) to prevent the injection site from becoming infected.  Neither it, nor rubbing alcohol, are acceptable antiseptics for a forensic blood draw.

Preferably, the person drawing the blood should use a Provodone iodine solution to clean the injection sit.  However, some people have iodine allergies.  If that were the case, that solution could not be used.  There is no requirement that a specific antiseptic is used.  The requirement is that the antiseptic cannot contain alcohol and cannot be volitile.

Finally, the blood must be drawn into a vaccum container containing a solid-anticoagulant.  The container must then be properly labeled, secured, and  refrigerated.

There are additional regulations for storing, testing, and transporting the blood.

If you need help with a DUI arrest in Cincinnati or an upcoming court appearance in Hamilton, Butler, Warren or Clermont Counties on a DUI charge, call our office at our 24 Hour Emergency Number at 513.333.0014 to get professional help.

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